Sections
I-IV: Obey all space and word limitations. No infraction will receive
any points. Put your answers in sequentially numbered Blue Books with your
Exam number on each blue book. Identify your written answers by question
number.

Note:
In
sections 1, 11, & 111, you do no answer all the questions. You
have a choice of which questions to answer.

Included
herewith are Three Sheets of images for use with some of the questions
as noted by, for example "(See images 3)."

SECTION
ONE: Very short answer (25/300 points)

Answer
any 5 of the following 9 questions for up to 5 points per. (up to 25 points
total) Use35 words
or fewer for each question 1-9 that you answer.

1.
In the American Geophysical case, Texaco argued the 1970 Supreme
Court case of Williams & Wilkins case for the point that scientific
research would be impaired without the fair use privilege for photocopying.
The American Geophysical court was unpersuaded primarily because
what had changed since the W& W case?

2.
The Ticketmaster case (which I had Jason email you) addressed a
fundamental legal issue facing Internet content providers. What were the
facts for and the legal basis of the judges' decision.

3.
What are the differences between a joint work and a collective work?

4.
When Judge Kozinski rejected in the Stuff case Cohen's suggestion
that moviemakers are immune from § 204, Kozinski said that Cohen might
fall into one narrow exception. What is the exception, and what facts in
the Stuff case gave rise to the exception?

5.
What's wrong with the Schoenberg test, which you read about in the
Mashantucket
Pequot Tribe case Jason emailed you? What test should replace it? Why?

6.
Where in the 1976 Copyright Act is the support for holding one guy liable
for the infringing acts of some other guy?

7.
Murice's Clothing store is season sponsor for Plymouth NH Women's Auxiliary's
"Showcase of Local Talent," which is broadcast Sunday evenings on KOPY
radio. Without a sponsor, the broadcasts would not be possible. One talent
sings a musical number from
RENT. Assess Larson's chances suing
Murice's (and explain why).

8.
Why would Lloyd's of London oppose a change in the copyright law eliminating
the "separability" test, which would have, for example, allowed Ferrari
to go forward with a suit against Studebaker based on a claim to copyright
in the Ferrari California motorcar?

9.
Grant Wood registered "American Gothic" in 1930. Wood immediately assigned
his rights in the renewal period to Hallmark Greeting Cards. Wood died
in 1962. When does the copyright expire? When is the last opportunity for
his children to terminate Hallmark's rights?

SECTION
TWO Short Answer (75/300 points)

In 75 words
or fewer per question (Nos. 10- 19), ARGUE any 5 of the following 9
positions
for up to 15 points per. (up to 75 points total)

12.
Regarding the film Precious Images narrated by Jack Lemmon, argue
ONE
POSITION ONLY, i~~ copyright holders should, or
, should not, be
allowed to "pan and scan" without attaining permission of the director.

14.
(See images 1) Mr. LaRue worked as a Safety Coordinator to investigate
explosions and take photographs at explosion scenes for Oklahoma Gas (OG).
On April 19, 1995, LaRue heard the explosion that destroyed the Murrah
Building. Thinking it might be due to natural gas, LaRue drove to the scene
in a OG vehicle. At the scene, with a camera and film supplied by OG, LaRue
photographed a fire company crew going into a basement area to rescue victims.
LaRue snapped the image of the firefighter and infant that later graced
the cover of Newsweek. Argue OG's rights in the valuable image.

15.
Content Providers sued iCraveTV in federal court in Pittsburgh. Most Canadian
law professors argue that iCraveTV's Canadian rebroadcast activities are
permitted under Canadian law. Argue the noninfringement case for
iCraveTV.

16.
As chief counsel for TIVO, argue to NBC's Bd. of Director's that
NBC should invest in and join with TIVO. ("You are either on the train,
or on the track.")

17.
(See images 1) As counsel for Oddz-On, in litigation, argue for
the copyrightability of the Koosh ball.

18.Argue
that
the Copyright Office should register the BREAKOUT video game.

19.
ACME Software, Inc. developed "Speechwriter," which works in conjunction
with Microsoft WORD. When a user blocks a word and enters AAlt Q,@ Speechwriter
displays a series of famous quotations related to the selected words. Once
in the Speechwriter mode, the program offers users a variety of convenient
ways to search among quotations. The program allows the user to download
the quotation into the WORD document. The Speechwriter program contains
code from WORD needed to interact with the word processing software and
the graphical interface. Microsoft sues. Argue ACME's defense.

SECTION
THREE (Brief Answer)Answer
any combination of questions 20-26 having a total of 75 possible
points. Answer only those questions.

20.
(See images 1) On the issue of the copyrightability of the architecture
only, compare and contrast the Lee Powell Laboratories with the Chiat/Day
offices. (25 points)

21.
(See images 2) Vanity Fair (VF) exhibits in the lobby gallery of its corporate
HQ the original portrait of Demi Moore commissioned from famous photographer
Annie Leibovitz. Later VF uses most of the image for the cover of the August
1991 VF. Later SPY does the cover illustrated. Ms. Leibovitz feels dishonored
and seeks your counsel. Discuss what rights you can and cannot assert against
SPY. (25 points)

22.
(See images 3) Compare and contrast the ABSOLUTE OCEAN and ABSOLUTE IMPOTENCE
works on the issues of Infringement and Fair Use. (25 points)

23.
(See Images 1) Kerr, an art professor at UMass, sent The New Yorker magazine
the Mohawk haircut drawing indicated. Two months later the June 10, 1995
New Yorker had the illustrated cover.
Argue the New Yorker's noninfringement
case. (25 points)

24.
You represent the agency that produced Prof Jepson's award-winning high
school yearbook "The Class of Click: Where everyone is beautiful, popular,
and perfectly lit." Tired Yearbooks takes the yearbook around to other
high schools promising to do a similar yearbook for them. Outline your
arguments and your rebuttal to Tired's arguments for use at the Temporary
Restraining Order hearing on copyrightability only. (50 points)

25.
(See images 2) Apex imports from China, and Circuit City outlets throughout
the country sell, the model AD-600 DVD player. Apex' website notes that
the machine will: (1) record and play material on recordable CDs in MP3
format; (2) play DVDs form any region and in any format despite the region-based
and format-based encryption (Microvision coding); and will transfer recorded
materials from DVD, however coded or encrypted, into VHS cassette tapes
for later playing. After the media began reporting on the AD-600, the following
notice appeared on the Circuit City website:

"We are
aware from media reports that initial production of the Apex AD600A had
secret menus which allowed some users to bypass copyright protections built
in to all DVD players. These menus have now been deleted from this player
in recent production and our present stock reflects this fact. We purchased
the AD600A based on its full array of legitimate features, quality construction
and a most attractive price. It remains an outstanding value today!"

Discus
Circuit City's liability and defenses. (50 points)

26.
(See images 2) Alt v. Morello. Alt just graduated from the best
photography school and worked at a commercial studio. Morello visited.
Alt created the photograph (depicted in images) of the Cross pens positioned
at an angle on a dark grid against a dark background, with the tips of
the pen and pencil in a yellow toned circle lit from below. Morello produced
his own photograph on a grid, and thereafter when Alt met with art directors
they told Alt that they had seen the photograph before and thought it was
Morello's.

A. Argue
that Morello copied.

B. What
test for infringement would Alt's attorney use and why?

C. Argue
what relief Alt should get.

(50 points)

SECTION
FOUR Detailed Analysis (50 Points)

27.
In 1911 Ernie Burnett wrote the music and Maybelle Watson, who was then
his wife, wrote the words of a song entitled 'Melancholy.' This song was
copyrighted on October 3 1, 1911, in Bumett's name as an unpublished work.
This version was never published. During the final year of the copyright
term, Maybelle, who was then Mrs. Bergman, as author of the words, and
Mr. Burnett, as author of the music, renewed the copyright and assigned
their respective renewals to Shapiro.

In 1912
Burnett offered to sell the unpublished song to Theron C. Bennett, a musical
publisher. Mr. Bennett liked the melody but not the words. With Burnett's
consent, Bennett engaged George A. Norton to write new words. Norton did
so, and by a document dated

September
23, 1912, assigned his lyrics to Bennett "for the original copyright term
together with all renewals or extensions." By an assignment which carried
the statement, "Lyrics now by Geo. A. Norton," Burnett transferred to Bennett
the 1911 copyright. Being thus the owner of Bumett's music and Norton's
words, Bennett published the song on October 25, 1912 with the following
copyright notice:

"Copyright
MCMXI by Ernie Burnett

"Copyright
transferred MCMXII to Theron C. Bennett, Denver, Colo."

On December
2, 1939, Burnett registered in the Copyright Office claim for renewal of
copyright of the 1912 version of the song. Bennett did not deposit copies
of the song, but copies were filed on January 10, 1939 by a transferee
from Bennett, and the certificate of copyright registration then issued
was subsequently acquired by Shapiro to whom Bennet assigned the renewal.
Jerry Vogel claims this assignment and renewal effective and that they
inured in Norton's son, under whose written recorded assignment Vogel claims
co-ownership with Shapiro in the renewal copyright of the 1912 version
of the song. Norton died before 1938 leaving a son as his only heir.

You represent
Jerry Vogel. Argue:

A. Bennett
obtained a valid copyright on the 1912 version!

B. Vogel
owns the renewal of the 1912 copyright!

SECTION
FOUR Multiple Choice (75 Points)

Record
your answers on the Scantron sheet.Usea No. 2 pencil. Fill in each bubble
completely. Make no stray marks.

1)
George Lucas asks Tom Waits to write the soundtrack for Star Wars: The
Phantom Menace. Waits isn't Lucas' employee, but Waits writes and signs
the following document:

I agree
that the soundtrack I write for Star Wars: The Phantom Menace shall
be a work for hire.

Tom
Waits"

a) The
soundtrack is a work for hire owned by Lucas.b) The
soundtrack is not a work for hire because a work can only be a work for
hire ifwritten
by an employee.c) The
soundtrack is not a work for hire because the soundtrack wasn't specially
ordered orcommissioned.d) Neither
(b) nor (c) are true, but the soundtrack is still not a work for hire.e) The
soundtrack is a work for hire owned by Lucas unless Tom Waits was an employee
ofanother
person or company.

2)
Dina Colosimo and Vicki Levin are involved in the creation of a script
for a new sitcom; there are no other potential authors involved in this.
Dina then authorizes CBS to produce the sitcom, which CBS does.

a) CBS
is infringing Vicki's copyright if Dina's authorization wasn't in a writing
signed byher.b) CBS
is definitely not infringing copyright.c) CBS
is infringing Vicki's copyright if Dina and Vicki are joint authors.d) CBS
may be infringing Vicki's copyright if Dina and Vicki are not joint authors.e) CBS
may be infringing Dina's copyright if Dina and Vicki are not joint authors.

3)
Annie Leibovitz is paid by Steven Spielberg to create a giant one-of-a-kind
black-and-white poster advertising his new movie; this poster is to hang
on the side of a building on Sunset Blvd. in West Hollywood, and it is
not
a
work made for hire. Spielberg eventually sells the poster at a charity
auction. Ted Turner buys it and decides to colorize it and display it in
his home. Leibovitz is tremendously upset, and wants to sue Turner. Under
which claims might she be able to win?

a) The
derivative work right.b) The
Lanham Act.c) Artist's
Rights, if Ted Turner's action would be prejudicial to Leibovitz' honor
andreputation.d) (a)
and (c).e) (b)
and (c).

4)
I buy a lawfully made copy of the New Yorker cover involved in the
Steinberg
case.
I write on the cover "Another Copyright Travesty." I pin the cover on the
bulletin board outside my office. Steinberg sues me in federal court. Assume
fair use does not apply, and assume Steinberg still owns the copyright.
Which of the following claims by Steinberg against me would be the strongest?

a) A claim
for the violation of his right of integrity under § 106A.b) A claim
for the violation of his public display right.c) A claim
for the violation of his derivative work right.d) A claim
for the violation of the First Sale doctrine.e) All
the above claims are sure losers.

5)
The Cravath law firm buys an Andy Warhol painting and hangs it in its reception
area, the strongest argument for why Cravath does not infringe:

a) Its
actions aren't covered by the six rights enumerated in §§ 106(l)-(6).b) Its
actions are exempted by § 109.c) Its
actions are exempted by § 110.d) Its
actions are exempted by § 107.e) Its
actions are not criminal under § 506.

6)
To be protected by copyright, a work must meet at least the following requirements:

a) It must
be an original work of authorship.b) It
must not be a derivative work.c) It
must contribute to the progress of Science and Useful Arts.d) Two
of the above. e (a), (b), and (c).

7)
1 write an unauthorized French translation of Steven King's Heartless
Professor. King sues me for trademark infringement under the Lanham
Act. Which of the following, if true, is Most likely to help me
on the Lanham Act claim?

a) The
French prefer Jacques Prevert.b) My
conduct infringes the Copyright Act.c) I put
a disclaimer on the cover saying (in French and English) "This translation
is notauthorized
by Steven King."d) I am
not making much money on the book.e) (a)
& (b) cut about equally in my favor.

8)
1 take a photograph of a building built in 1996. The design is protected
as an architectural work, but which does not have any visible copyright-protected
pictorial, graphical, or sculptural components (such as murals or friezes).
The court concludes that the photograph copies some expression from the
architectural design. I did not get the permission of the owner of the
design.

a) The
photograph is not an infringement because the building is a useful article.b) The
photograph is not an infringement for some other reason, but my publicly
hangingthe photograph
on a bulletin board outside my office is an infringement.c) My
publicly hanging the photograph on a bulletin board outside my office is
aninfringement
if the building is neither located in nor ordinarily visible from a publicplace.d) My
publicly hanging the photograph on a bulletin board outside my office cannot
be aninfringement
because of § 109(c), but my taking the photograph is an infringement if
thebuilding
is neither located in nor ordinarily visible from a public place.e) My
taking the photograph is an infringement unless it's a fair use.

9)
While using the FPLC computer lab, you make an infringing copy of Word
for Windows. Microsoft sues the law school for infringement. Which of the
following is most accurate?

a) The
FPLC will certainly win under a fair use defense because FPLC provides
thecomputer
lab for nonprofit educational purposes.b) The
FPLC will certainly lose because FPLC is vicariously liable for what FPLC
studentsand employees
do on FPLC equipment.c) If
FPLC didn't know and had no reason to know of your infringement and if
FPLC hadno right
or ability to control your actions, then FPLC will win.d) If
FPLC didn't materially benefit from your actions, then FPLC will certainly
win.e) Whether
FPLC knew or had reason to know of your infringement is irrelevant becausecopyright
infringement is a matter of strict liability.

10)
In 1980, Alan Author conveys to Dreamworks all his rights in Attack
of the Vampires. In 1990, Alan dies, leaving all his intellectual property
to USC Law School. Alan is survived by his widow Wendy, his children Basil,
and Carole, and his grandchildren Denise and Doug, who are the children
of his dead son Darryl. Basil has children Ben and Bill. You represent
Bill. Bill asks you whether, under § 203, he'll ever be entitled to a share
of the rights in Attack.

a) Bill
will definitely never have any rights in Attack because Alan transferred
all hisintellectual
property by will to USC Law School.b) Bill
will definitely not have any rights in Attack if Wendy (assuming
she's still alive atthe time
of termination) votes against termination.c) Bill
will definitely not have any rights in Attack if Basil is still
alive in 2015.d) Bill
will definitely have rights in Attack if Wendy (assuming she's still
alive at the timeof termination)
votes in favor of termination.e) Two
of the above.

11)
1 have just designed a pair of black socks with a white scales of justice
design on them. I begin to market them without putting a copyright notice
on them. If I am found not to own the copyright in the socks, this will
most likely be because:

a) The
socks are useful articles.b) The
socks were published without notice.c) The
design is too simple to be protected by copyright.d) The
socks are a work-for-hire, owned by FPLC.e) The
design is not original.

12)
1 lawfully own a copy of your work. I want to destroy my copy. You sue
me under § 106A, seeking to prevent the destruction. Which of the following
will, even if true, does no help me?

a) Your
work is a novel.b) You
are not the copyright owner.c) Your
work is a print, which exists in a limited edition of 50 copies that are
signed but not consecutively numbered.d) Your
work is not of recognized stature.e) All
the above are helpful to me.

13)
Raymond Chandler wrote and copyrighted The Big Sleep in 1956. Chandler
assigns the copyright to Harcourt Brace Book Publishers in 1980. Chandler
dies in 1984. HBBP publishes the book in 1985. Chandler's sole surviving
daughter can terminate HBBP's rights:

a) Between
2015 and 2030.b) Between
2020 and 2025.c) Between
2025 and 2030.d) Between
2012 and 2017.e) Anytime
after January 1, 1978.

14)
In the Raymond Chandler question (13) above, the very last day the daughter
can serve notice is: a 2013. b 2018. c 2023. d 2010. e Anytime, but she
cannot effectuate the termination outside the 5 year window.

15)
Musical compositions

a) Are
not protected by copyright if they are not fixed in a tangible medium of
expression.b) Are
protected by copyright against literal copying but not against sound a
likes.c) Are
protected by copyright against unauthorized reproduction but not against
publicperformances.d) Are
protected by copyright regardless of any of the factors given in (a)-(c).e) Two
of the above.

16)
Disney manufactures a videocassette of Beauty and the Beast in Los
Angeles, and exports it to Russia. Badenov makes an unauthorized copy.
Badenov brings the unauthorized copy back to the U.S. Before Badenov gets
a chance to sell it, Disney sues Badenov in a U.S. court having personal
jurisdiction.

a) Disney
can't sue Badenov for Badenov' Russian actions because U.S. law doesn't
haveextraterritorial
effect.b) Disney
can't sue Badenov under § 602 for Badenov' importation of the material
into theU.S. because
of § 109(a)'s limitation on the distribution right.c) Disney
can sue Badenov for Badenov' importation of the material into the U.S.
because § 109(a)'s limitation on the distribution right doesn't apply to
material that was manufactured in the U.S.d) Disney
can sue Badenov for Badenov's Russian actions under Russian law in U.S.
courts.e) Two
of the above are true.

17)
You copy something that was written by a judge a year ago. Whether your
copying infringes copyright depends on:a) Whether
the judge prepared the work within the scope of his employment.b) Whether
the judge affixed a copyright notice to the work.c) Which
court system the judge works in.d) All
of the above.e) Two
of the above.

a) 1981.b) 2007,
but only if renewed in 1940.c) 1940.d) 2025
if the work is a work made for hire and 2030 if it is not.e) Not
enough facts are given to answer this question.

19)
Krakauer writes a novel and gives Paramount the right to make a film based
on it. To be valid, the agreement:

a) Must
be in writing and signed by Krakauer.b) Must
be in writing and signed by Krakauer and Paramount.c) Must
be in writing, but need not be signed either by Krakauer or Paramount.d) Need
not be in writing, if Krakauer retains the right to reproduce the novel
in other media.e) Need
not be in writing, if Krakauer retains the right to grant to others the
right to produce films based on the novel.

For
the next two questions, assume the following sequence of events:

1/l/98
Marquez writes a short story called Fetid Ruler.1/15/98
Marquez gives Llosa a nonexclusive license to publish the short story in
Llosa'smagazine.2/l/98
Marquez transfers to Fred all exclusive rights in the story (the transfer
is properlyI written
and signed).2/15/98
Marquez transfers to Rick all exclusive rights in the story (the transfer
is againproperly
written and signed).2/22/98
Rick records the transfer to him.2/28/98
Fred records the transfer to him.

20)
As between the transfer to Rick and the transfer to Fred:

a) The
transfer to Fred prevails.b) The
transfer to Rick prevails.c) The
transfer to Rick prevails, if but only if, it was taken in good faith without
notice ofthe transfer
to Fred.d) The
transfer to Rick prevails, if but only if, it was taken in good faith without
notice ofthe transfer
to Fred, and for valuable consideration.e) Neither
transfer is valid

21)
As between the transfer to Rick and the license to Llosa:

a) The
transfer to Rick prevails.b) The
license to Llosa prevails.c) The
license to Llosa prevails if it's in writing and signed by Marquez.d) The
license to Llosa prevails, but only if it's in writing, signed by Marquez,
and recorded before the transfer to Rick was recorded.e) The
license to Llosa prevails, but only if it's in writing, signed by Marquez
and Llosa, and recorded before the transfer to Rick was recorded.

22)
Which of the following is not necessary for a work to be seen as
a joint work?a) The
co-authors prepared the work with the intention that their contributions
be merged into inseparable or interdependent parts of a unitary whole.b) The
co-authors invested a roughly equal amount of effort.c) Each
of the co-authors supplied copyrightable expression, not just ideas or
facts.d) The
co-authors intended that they be identified as co-authors.e) (b)
and (d)

23)
Which of the following performances is most likely not to be seen as a
public perfon-nance?a) A performance
on North Dakota Public Radio at 3 am, which is only heard by 3 people in
a bar.b) A performance
in a park, which is only heard by 5 people who are all members of the same
family.c) A performance
in my house, which is being occupied by 20 family members and social acquaintances
of mine.d) All
the above performances are likely to be seen as public performances.e) None
of the above are likely to be seen as public performances.

24)
If I lawfully own a copy of Joe's screenplay, which of the following can
Joe stop me from doing?a) Joe
can stop me from destroying it.b) Joe
can stop me from publicly displaying it.c) Joe
can stop me from publicly performing it.d) Joe
can stop me from selling it.e) Two
of the above are true.

25)
Sasha writes a poem about copyright law; I like it so much that I make
copies and distribute it to my whole Copyright class. Sasha sues me for
infringement. Which of the following sections of the Copyright Act will
be most useful to my defense (even if it might not guarantee victory for
me)?a) § 110.b) § 107.c) § 101.d) § 106A.e) § 109.